Texas Senate Bill SB445

Texas 2009 - 81st Regular

• Out of Senate Committee: 3/2/09
• Voted on by Senate: 3/19/09

Caption

Relating to juror questions and juror note-taking during civil trials.

Impact

In terms of legal implications, SB445 amends the Civil Practice and Remedies Code by introducing Chapter 25, which outlines the rules for jury procedures including the submission of juror questions. If enacted, it would ensure that jurors can take notes during trials, with specific guidelines for the collection and confidentiality of these notes. This is expected to impact how jurors interact with the trial process, potentially leading to a more informed jury decision-making process, which in turn might influence trial outcomes.

Summary

Senate Bill 445 proposes significant changes to the jury process in civil trials within Texas. The bill mandates the Texas Supreme Court to establish rules governing pilot procedures for civil juries, primarily focusing on enhancing jurors' engagement with trial proceedings. Notably, the bill allows jurors to submit written questions to witnesses or the court, which is intended to bolster their understanding of the case being tried. The provision for anonymous questioning emphasizes the bill's intention to empower jurors without fear of repercussions.

Contention

However, there are points of contention surrounding the bill. Critics may argue that allowing jurors to ask questions could lead to complications in trial dynamics, such as introducing bias or unfairness in the proceedings. Concerns regarding the juror's ability to focus on the case while formulating questions, and how those questions might alter the trajectory of testimonies, have been raised. Yet, proponents argue that these changes could level the playing field and ensure that jurors fully comprehend the evidence presented during trials, ultimately bringing forth more just outcomes.